Sajanbai D/O Ganpat vs Ratanbai
2024 Latest Caselaw 21121 MP

Madhya Pradesh High Court

Sajanbai D/O Ganpat vs Ratanbai on 5 August, 2024

Author: Hirdesh

Bench: Hirdesh

                                                                    1                                    SA-1088-2023
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                             SA No. 1088 of 2023
                                              (SAJANBAI D/O GANPAT AND OTHERS Vs RATANBAI AND OTHERS )



                           Dated : 05-08-2024
                                 Shri Nitin Phadke, learned counsel for the appellant.

                                 Shri Mayank Mishra, learned PL for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing on the following substantial question of law:

(a) Whether the lower appellate court has committed an illegality and has recorded perverse findings in respect of execution of the Will Ex.D/21 without considering the provisions of Section 70 of Indian Evidence Act coupled with the admissions of the testator contained in Ex.D/17 and Ex.D/18?

(b) Whether the lower appellate court has committed an illegality in cursorily reversing the judgment passed by the trial court and has failed to discharge the duty cast upon the court of first appeal in terms of the law laid down by the Hon'ble apex Court in the case of Satosh Hazari reported in AIR 2002 SC 965?

On payment of payment within 7 days, issue notice to the respondents along with substantial questions of law, by RAD mode, returnable within 8 weeks.

(HIRDESH) JUDGE

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